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580 > Module 7 > Flashcards

Module 7 Flashcards

0
Q

Reasons why the children of the middle ages were treated harshly ?

A
  • The parents didn’t expect their child to live long so they didn’t show much interest or try to take care of them
  • Because of the lack of contraceptives they had infanticide and abandonment to control family size
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1
Q

1a. Provide a discussion of how children were treated in the Middle Ages.

A
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2
Q

What are some Child Rearing Practices of the middle ages ?

A

Wet Nurses - other women to breast feed the baby when the mom had to work

Swaddling - wrapping the baby up in a bandage to protect it from everything

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3
Q

How did language reflect attitudes toward children in the middle ages ?

A

Most of their languages didn’t have words that differentiated between adults and children

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4
Q

How the criminal justice system viewed children of certain ages at that time.

A
  • You were considered a juvy until the age of 7

- at 7 you could possibly receive prison time or death but 14 was the adult age

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5
Q

1b. Explain the societal trends that began to change this harsh treatment of children, and when it began occurring.

A

In the 1400s the infant mortality rates dropped which meant more children lived which lead to more parents caring and taking care of their child

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6
Q

Where did delinquency originate ?

A

London in the 1800s

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7
Q

Where was the first incarcerate facility for juveniles ?

A

The house of refuge in New York in 1835

- it was the first in the world

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8
Q

What are some other alternative methods for dealing with juveniles?

A

John Augustus found “Seeds” and took responsibility for juveniles

  • Parents Patriae
  • Placing out
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9
Q

What is Parents Patriae ?

A

An alternative for dealing with juveniles

- gives the judge custodial rights over the child

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10
Q

What is placing out ?

A

Alternative for dealing with juveniles

- putting juveniles on a train taking them out to town while farmers picked which kids they wanted to work for them

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11
Q

The first juvenile court (and why it started where it did and who founded it)?

A

Found in 1899 in cook county Chicago

  • Formed by the Chicago women’s association
  • Created for juveniles so they wouldn’t be treated as adults
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12
Q

1d. What is the primary goal of the juvenile justice system (according to virtually all experts)?

A

The best interest of the child

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13
Q

How does the juvenile court and adult court differ in terms of mens reus and actus reus?

A

Juvies can be responsible for committing a criminal act like an adult (actus reus) but are not able to judge right and wrong so cant have a guilty intent (mens reus)

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14
Q

What is the juvenile term for the adult term Indictment ( meaning the criminal should be charged ) ?

A

Petition is for juveniles meaning the evidence is worthy enough to take to court

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15
Q

What is the juvenile term for the adult term alignment/preliminary hearing ( used to determine if the adult should be charged or not ) ?

A

Intake hearing, determines if the case should move forward

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16
Q

What is the juvenile term for the adult term Trial

A

Adjudication hearing, if your are adjudicated you cant be guilty of mens reus

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17
Q

What is the juvenile term for the adult term pre sentencing investigation ?

A

Social history

18
Q

What is the juvenile term for the adult term Sentencing ?

A

Disposition, a sentence is a punishment for a crime a disposition is disposing of the case in the best interest of the child

19
Q

In re Gault ( 1967 )

accused of prank calling neighbors

A

4 rights were not given to him

  • written notice of charges
  • right to counsel
  • right to confront accusers
  • protection against self incrimination

Provided more rights at the adjudication hearing across the country
- was not being helped but punished

20
Q

In re Winship (1970)

Accused for stealing 112$ from women’s purse in locker room

A
  • The issue is wether or not a delinquent facing a charge should be adjudicated on standards of proof less than “ beyond a reasonable doubt “all vases must be
  • supreme court ruled that all cases must use beyond a reasonable doubt when making a decision, but juveniles being charged with status offenses can still be adjudicated using preponderance
  • after this case all juveniles adjudicated under preponderance had a redo or were released
21
Q

Preponderance

A

Which ever way the evidence seems to be leading to which can be 50 50

22
Q

Beyond reasonable doubt

A

The evidence is far greater , you’re 90% sure the delinquent is guilty

23
Q

McKeiver v. Pennsylvania (1971)

Accused of stealing 25 cents

A
  • was denied a jury trial because it would destroy the traditional character of juvenile proceedings
  • trial is decided by jurors and judges are better triers of facts than jurors who are persuaded by dramatic performances by lawyers
  • Juvies don’t have a right to a jury trial because its not in the best interest of the child
  • the only case that does not reject the doctrine of parents patriae
24
Q

Kent v United States (1966 )

A

The basic issue is wether a juvenile had rights to due process regarding a fair waiver hearing ( which transfers him to adult court )

  • supreme court ruled he has a right to a waiver
  • Kent’s ruling set the stage for In Re Gault and provided more due process rights but only for the district of columbia
25
Q

Breed v Jones (1975)

Charged with armed robbery

A
  • Judge waived him to adult court after being adjudicated in juvy court
  • lawyer argued double jeopardy
  • the issue was wether or not that constituted a breach of the double jeopardy clause of the constitution
  • supreme court ruled it did because he risked being punished at both courts
26
Q

The three states that have the youngest age for defining juveniles ?

A

New york
North Carolina
Connecticut age 15 and up are adults

27
Q

how do states tend to define the minimum age at which a juvenile can be tried as an adult ?

A

They don’t define a minimum age so that prosecutors can have more discretion on which juveniles they charge as adults

28
Q

1d. What is the primary goal of the juvenile justice system (according to virtually all experts)?

A

The best interest of the child

29
Q

How does the juvenile court and adult court differ in terms of mens reus and actus reus?

A

Juvies can be responsible for committing a criminal act like an adult (actus reus) but are not able to judge right and wrong so cant have a guilty intent (mens reus)

30
Q

What is the juvenile term for the adult term Indictment ( meaning the criminal should be charged ) ?

A

Petition is for juveniles meaning the evidence is worthy enough to take to court

31
Q

What is the juvenile term for the adult term alignment/preliminary hearing ( used to determine if the adult should be charged or not ) ?

A

Intake hearing, determines if the case should move forward

32
Q

What is the juvenile term for the adult term Trial

A

Adjudication hearing, if your are adjudicated you cant be guilty of mens reus

33
Q

What is the juvenile term for the adult term pre sentencing investigation ?

A

Social history

34
Q

What is the juvenile term for the adult term Sentencing ?

A

Disposition, a sentence is a punishment for a crime a disposition is disposing of the case in the best interest of the child

35
Q

In re Gault ( 1967 )

accused of prank calling neighbors

A

4 rights were not given to him

  • written notice of charges
  • right to counsel
  • right to confront accusers
  • protection against self incrimination

Provided more rights at the adjudication hearing across the country
- was not being helped but punished

36
Q

In re Winship (1970)

A
  • The issue is wether or not a delinquent facing a charge should be adjudicated on standards of proof less than “ beyond a reasonable doubt “all vases must be
  • supreme court ruled that all cases must use beyond a reasonable doubt when making a decision, but juveniles being charged with status offenses can still be adjudicated using preponderance
  • after this case all juveniles adjudicated under preponderance had a redo or were released
37
Q

Preponderance

A

Which ever way the evidence seems to be leading to which can be 50 50

38
Q

Beyond reasonable doubt

A

The evidence is far greater , you’re 90% sure the delinquent is guilty

39
Q

McKeiver v. Pennsylvania (1971)

Accused of stealing 25 cents

A
  • was denied a jury trial because it would destroy the traditional character of juvenile proceedings
  • trial is decided by jurors and judges are better triers of facts than jurors who are persuaded by dramatic performances by lawyers
  • Juvies don’t have a right to a jury trial because its not in the best interest of the child
  • the only case that does not reject the doctrine of parents patriae
40
Q

Kent v United States (1966 )

A

The basic issue is wether a juvenile had rights to due process regarding a fair waiver hearing ( which transfers him to adult court )

  • supreme court ruled he has a right to a waiver
  • Kent’s ruling set the stage for In Re Gault and provided more due process rights but only for the district of columbia
41
Q

Breed v Jones (1975)

Charged with armed robbery

A
  • Judge waived him to adult court after being adjudicated in juvy court
  • lawyer argued double jeopardy
  • the issue was wether or not that constituted a breach of the double jeopardy clause of the constitution
  • supreme court ruled it did because he risked being punished at both courts
42
Q

The three states that have the youngest age for defining juveniles ?

A

New york
North Carolina
Connecticut age 15 and up are adults

43
Q

how do states tend to define the minimum age at which a juvenile can be tried as an adult ?

A

They don’t define a minimum age so that prosecutors can have more discretion on which juveniles they charge as adults

580 (10 decks)

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